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Court of Appeals – Mandated judicial retirement: Miller, et al. v. State of New York, et al.
Daily Record Staff//June 29, 2026//
Court of Appeals – Mandated judicial retirement: Miller, et al. v. State of New York, et al.
Daily Record Staff//June 29, 2026//
Listen to this articleNew York State Court of Appeals
Mandated judicial retirement — Equal Rights Amendment
Miller, et al. v. State of New York, et al.
No. 64
Per Curiam
Background: The petitioners are former and sitting justices of New York state courts. They contend that the New York Constitution’s mandate that justices are to retire at 70 years old was implicitly repealed by the Equal Rights Amendment when that provision was amended to include age to the classes protected from discrimination.
Ruling: The Court of Appeals held that implied repeal is disfavored. The text, purpose, and history of these constitutional provisions establish that they operate independently.
John Leventhal for the appellants; Ester Murdukhayeva for the respondent.
Case Digests
- Fourth Department – Due process: People v. Pulley
- Court of Appeals – Equitable estoppel: Incorporated Village of Freeport v. Freeport Plaza West LLC
- Court of Appeals – Ineffective assistance of counsel: People v. Guerra
- Second Circuit – Death results clause: United States v. Parks
- Fourth Department – Suppression: People v. Post
- Court of Appeals – Mandated judicial retirement: Miller, et al. v. State of New York, et al.
- Fourth Department – Judicial misconduct: Pitts-Davis v. The Onondaga County DA
- Second Circuit – Property demolition: Levin, Vodka Properties LLC v. City of Buffalo
- Fourth Department – Child custody: McDuffie v. Coleman
- Fourth Department – Certificate of compliance: People v. Jones
- Fourth Department – Attorney for the child: Lockhart v. Monica
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- NY Court of Appeals affirms attempted murder conviction
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